After January 1, 2010, any member of a paid police department
or fire department who is removed or discharged or who before
retirement on any retirement pension or disability pension severs
his or her connection with said department, whether or not
consecutive, shall, upon request, be refunded all pension and
relief fund deductions made from the member's salary or
compensation, but without interest from the fund. The refund shall
come from the accounts which originally received the member
deductions. For municipalities using the conservation method of
funding, the member contributions are to be refunded from both the
Municipal Pension and Relief Fund and the city benefit account, in
the exact percentages that were initially deposited to the
respective accounts. Any member who receives a refund and
subsequently wishes to reenter his or her department shall not be
allowed to reenter the department unless the police officer or
firefighter repays to the pension and relief fund all sums refunded
to him or her in a lump sum at the date of reentry, or by monthly
payroll deductions within thirty-six months from the date he or she
reenters the department, with interest at the rate of eight percent
per annum. In the event such refund is made prior to January 1,
1981, and such member subsequently reenters the department such
police officer or firefighter shall be allowed membership in such
pension and relief fund; however, no credit may be allowed such
member for any former service, unless such member repays to the pension and relief fund all sums refunded to the member within one
year from the date the member reenters the department with interest
at the rate of eight percent per annum: Provided, That for such
member who receives such refund prior to January 1, 1980, interest
may not be charged for more than three years. Any probationary
member of a paid police or fire department who is not given an
absolute appointment at the end of the member's probationary period
shall, upon request, be refunded all pension and relief fund
deductions made from the member's salary or compensation, but
without interest. Any member contribution made in fiscal years
beginning on July 1, 1981, and thereafter by any members of such
fund, which is in excess of the percentages, required in section
nineteen of this article of such member's salary or compensation as
defined in section sixteen of this article, shall be refunded with
eight percent interest to such member upon completion of the
calculation of the member's retirement benefit.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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